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Decree Of 21 December 2007 Establishing The Competent Joint Consultative Commission For Contractual Personnel Of The Public Establishment Of The Porte Dorée - Cité Nationale De The History Of Immigration

Original Language Title: Arrêté du 21 décembre 2007 portant création de la commission consultative paritaire compétente à l'égard des personnels contractuels de l'Etablissement public de la porte Dorée - Cité nationale de l'histoire de l'immigration

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JORF n°0004 of 5 January 2008 page 338
text No. 29



Order of December 21, 2007 establishing the competent parity advisory board with respect to contractual personnel of the Dorée Gate Public Establishment - National city of immigration history

NOR: MCCF0769948A ELI: https://www.legifrance.gouv.fr/eli/arrete/2007/12/21/MCCF0769948A/jo/texte


Minister of Immigration, Integration, National Identity and Co-development, Minister of National Education, Minister of Higher Education and Research and Minister of Culture and Communication,
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents,Article 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 2006-1388 of 16 November 2006 creating the public establishment of the Dorée Gate - National city of immigration history,
Stop:

  • Chapter I General provisions Article 1 Learn more about this article...


    It is created with the Director General of the Public Establishment of the Dorée Gate - A national identity of the history of immigration a competent parity advisory board with respect to the institution's contractual personnel.

    Article 2 Learn more about this article...


    The Commission shall include:
    two incumbent representatives and two alternate representatives of the administration;
    two incumbent representatives and two alternate staff representatives.

    Article 3 Learn more about this article...


    Members of the parity advisory board are appointed for a period of three years. Their mandate can be renewed.
    However, the term of office may be exceptionally reduced or extended in a service interest, within one year, by ministerial order, after advice from the Central Joint Technical Committee of the Public Establishment of the Dorée Gate - National City of Immigration History.
    During the renewal of the parity advisory board, the new members shall be based on the date on which the term of office of the members to whom they succeed is terminated.

    Article 4 Learn more about this article...


    Representatives of the administration, holders or alternates, coming in the course of a term to cease the functions for which they were designated, shall be replaced in the form specified in section 6 below. The term of their successor expires, in this case, during the renewal of the commission.

    Article 5 Learn more about this article...


    If, prior to the expiry of his term of office, one of the representatives of the staff, a member who is a member or an alternate member of the board, is unable to perform the duties for which he or she has been appointed, as a result of resigning, on sick leave, on leave without pay, or has no longer fulfilled the conditions required to be a member of the Board, he or she shall be replaced, until the commission is renewed, under the conditions set out below.
    When a incumbent representative is unable to perform his or her duties, his or her alternate shall be appointed as a holder and shall be replaced by the first non-elected candidate of the list on which he or she presented.
    When an alternate representative is unable to perform his or her duties, he or she is replaced by the first unelected candidate of the same list.
    Where a list is unable to fill, under the conditions set out in the second and third paragraphs of this article, the seats of the incumbent members or alternate members to whom it is entitled in a group, the seats left vacant shall be allocated in accordance with the procedure provided for in Article 20 where the duration of the remaining term is less than or equal to one year. When the remaining term of office is longer than one year, the commission shall be renewed for the remainder of the term.

  • Chapter II Designation of Administrative Representatives Article 6 Learn more about this article...


    Within fifteen days after the proclamation of the results of the elections under Article 7 of this Order, the representatives of the administration shall be appointed by decision of the Director General.

  • Chapter III Designation of staff representatives Article 7 Learn more about this article...


    Unless the commission is renewed, the elections shall take place not less than four months and not less than two months before the expiry date of the term of office of the members in office, as determined in Article 3.
    The terms and conditions for the organization of the appointment of staff representatives are set out in this Order and the date of the elections is determined by decision of the Director General of the Public Establishment of the Dorée Gate - National city of immigration history.

    Article 8 Learn more about this article...


    Contractors of the Public Institution of the Dorée Gate - National City of Immigration History in office for at least three months and who are on work or on parental leave or parental presence.

    Article 9 Learn more about this article...


    The list of electors who are called to vote is established and arrested by the Director General.

    Article 10 Learn more about this article...


    The eligible officers are eligible to be registered on the commission's list of electors, with the exception of officers on sick leave, temporarily excluded agents with deduction for a maximum period of one month and those affected by one of the incapacities set out in sections L. 5 to L. 7 of the electoral code.

    Article 11 Learn more about this article...


    The lists are presented by representative trade union organizations that meet the conditions set out in the fourth paragraph of Article 14 of the Act of 11 January 1984 referred to above.
    The lists must be filed by the trade union organizations at least six weeks before the date fixed for the elections and shall bear the name of an officer, a list delegate, authorized to represent them in all electoral operations.
    The lists must include as many names as there are filling positions, incumbents and alternates, for each category.
    Any organization that has submitted a list with an insufficient number of candidates is considered to have not submitted any candidates for this list.
    The filing of each list must be accompanied by a declaration of application signed by each candidate. The deposit is subject to a receipt given to the list delegate.
    If, on the filing date, no list has been filed by trade union organizations, a new ballot shall be held within six to ten weeks from that date, to which any employee organization may participate.

    Article 12 Learn more about this article...


    No list may be filed or amended after the deadline for the previous article.
    However, if, within three free days of the date of filing of the lists, one or more candidates on a list are recognized as ineligible, the administration shall promptly inform the list delegate. It may then, within three days of the expiry of the above-mentioned three-day period, make any necessary corrections.
    If no correction is made, if one or more candidates on a list are recognized as ineligible, the organization having submitted this list is considered to have not submitted any candidates for the corresponding category.
    If the reasoning of ineligibility occurred after the deadline for the filing of the list, the failed candidate may be replaced without changing the date of the elections.
    No further withdrawal of nominations may be made after the nomination of applications.
    Lists established under the conditions set out in this Order are posted as soon as possible in each facility service.

    Article 13 Learn more about this article...


    The ballots and envelopes are prepared, at the expense of the administration, based on a model provided by the administration. They are transmitted by his care to the agents admitted to voting.

    Article 14 Learn more about this article...


    The vote is as follows:
    At least two weeks before the date of the election, voting material is sent to electors by the administration.
    The elector inserts the ballot in a first envelope (this envelope n° 1) that may not be cached.
    This envelope, provided by the administration, shall not be marked or marked separately.
    It then places this envelope number 1 in a second envelope (named envelope 2), which it hides and on which it applies its signature and clearly bears its name, name and assignment.
    It finally places this envelope 2 in a third envelope (known as envelope 3), which it hides and addresses individually to the polling station of which it depends. The breakdown of this third envelope is supported by the administration.
    Correspondence must be sent by the day of the vote, before the closing time of the vote, set at 5 p.m.

    Article 15 Learn more about this article...


    A central polling station is established with the Director General of the Public Institution of the Dorée Gate - National City of Immigration History. It conducts the counting of the ballot and the proclamation of the results. The central polling station includes a president and secretary appointed by decision of the Director General, as well as a delegate from each list in attendance.

    Article 16 Learn more about this article...


    The vote is held by secret ballot and under envelope.
    Electors can only vote for an entire list, without delisting or adding names and without changing the order of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
    The vote is only by correspondence.

    Article 17 Learn more about this article...


    The census and counting of votes shall take place under the following conditions:
    (a) Reception of votes by correspondence:
    After the closure of the poll, the president of the central office conducts the census of votes collected by correspondence.
    The envelopes No. 3, and the envelopes No. 2, are open.
    As envelopes 2 are opened, the list of electors in the category of personnel concerned is started and envelope No. 1 is filed without being opened in the corresponding ballot box.
    Are apart without being open:
    — envelopes No. 3 reached after the closing hour of the ballot;
    ― envelopes No. 2 on which the agent's name and signature or on which the name is illegible;
    – multiple envelopes reached under the signature of the same agent;
    - envelopes No. 1 bearing a distinctive mention or sign;
    ― envelopes No. 1 reached in multiple numbers under the same envelope No. 2.
    The name of the voters whose envelopes emanate is not on the list of electors.
    (b) Finding the quorum:
    At the end of the poll, the president of the central polling station counts the number of votes. The counting takes place if the 50% stake quorum is reached on all of the commission's voters.
    (c) Deployment:
    When the counting of the ballot is done, it is not considered validly expressed:
    white ballots;
    - ballots not conforming to the model type;
    - ballots with overloads or rats or signs of recognition;
    - the ballots found in the urn without envelope;
    • Multiple bulletins found in the same envelope #1 and from different trade union organizations.
    It is considered validly expressed and counts for a single vote the multiple ballots found in the same envelope No. 1 and from the same trade union organization.
    (d) Minutes and proclamation of results:
    The central polling station counts, on all voters, the number of voters and all the votes having taken place on the trade union organizations in the presence and establishes a record of the electoral operations on which the number of registered electors and the number of voters are recorded. It determines the electoral quota by dividing the total number of valid votes cast by the number of staff representatives to be elected in the parity advisory board. Each trade union organization having presented itself has the right to as many seats as a staff representative as the number of votes collected by it sometimes contains the electoral quota. The remaining seats are allocated according to the highest average rule. The incumbent representatives are designated according to the order of presentation of the list.
    (e) Special provisions:
    In the event that, for the assignment of a seat, lists have the same average, the said seat is assigned to the list that collected the largest number of votes. If several of these lists have obtained the same number of votes, the seat is assigned to one of them by drawing lots.
    It is then assigned to each trade union organization a number of alternate representative seats equal to that of the incumbent representative seats obtained by that trade union organization pursuant to the preceding paragraph. Alternate representatives are designated according to the order of presentation of the list.
    The central polling station prepares a report and proclaims the results.

    Article 18 Learn more about this article...


    Disputes regarding the validity of electoral transactions are brought before the Director General within five days of the proclamation of the results and, where applicable, before the administrative court.

    Article 19 Learn more about this article...


    When the number of voters is less than half the number of registered electors, the counting of the ballot is not done. A second ballot shall be held within six to ten weeks of the first ballot. For this second ballot, any employee organization may file a list. The second ballot shall be organized according to the rules laid down by the present decree.

    Rule 20 Learn more about this article...


    In the case that, for a second ballot, no list has submitted candidates, this list is drawn by lot among the agents mentioned in Articles 8 and 10. If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.

    Article 21 Learn more about this article...


    Within fifteen days of the proclamation of the results of the elections under Article 7 of this Order, staff representatives shall be appointed by decision of the Director General.

  • Chapter IV Attributions Article 22 Learn more about this article...


    The Joint Advisory Panel issues a notice on disciplinary sanctions other than warning and reprimand, terminations acting after trial periods, and in general on any individual matters relating to the professional situation of the contracting agents of the establishment.

  • Chapter V Article 23 Learn more about this article...


    The Joint Advisory Committee is chaired by the Director General or his representative.

    Article 24 Learn more about this article...


    The Commission shall develop its rules of procedure.
    The secretariat is provided by a member of the commission, representing the administration.
    The Commission shall appoint a staff representative to serve as Deputy Secretary.
    A report is prepared after each session. It is signed by the president and countersigned by the secretary and deputy secretary, and then transmitted within one month to the members of the commission.

    Rule 25 Learn more about this article...


    The Joint Advisory Committee shall meet on the convocation of its Chairperson or on the written request of half of the staff representatives and, in any event, at least twice a year to hear matters within its competence.

    Rule 26 Learn more about this article...


    Alternates may attend the meetings of the Committee without taking part in the debates or in the voting. They only have a deliberate voice in the absence of the incumbents they replace. At the request of the administration or at the request of staff representatives, the Chair of the Commission may convene experts to be heard on a agenda item. These experts participate exclusively in discussions on the issues for which they have been convened. They're not voting.

    Rule 27 Learn more about this article...


    The Commission shall issue its opinion to the majority of the members present.
    If a vote is taken, the vote shall be taken by hand. However, at the request of one of the members holding the commission, the vote shall be held by secret ballot. Agreed. In the event of a vote sharing, the notice is deemed to have been given or the proposal made.
    Where the competent authority makes a decision contrary to the notice or proposal issued by the Commission, the authority shall inform the Commission of the reasons that led to the decision not to follow the notice or proposal.
    Committee meetings are not public.

    Rule 28 Learn more about this article...


    The committee sits in plenary meeting.
    A staff representative may not participate in the deliberations of the commission when the commission is required to decide on its case. It is then replaced by an alternate member. In the event that neither the incumbent representative nor the alternate representative are validly eligible to sit, the drawing procedure shall apply.

    Rule 29 Learn more about this article...


    The Commission shall deliberate only on the condition that it observe the rules of procedure and procedure established by this Order and by its rules of procedure.
    At least three quarters of the incumbent members must be present at the opening of the meeting.
    When this quorum is not reached, a new summons is sent within eight days to the members of the commission, who then sits validly if half of its members are present.

    Rule 30 Learn more about this article...


    For the appearance of an officer before the Joint Advisory Committee serving as a Disciplinary Board, the Director General shall inform the person concerned by a registered letter addressed at least fifteen days in advance of the date, place and time of the meeting, inviting him to communicate his defence and to appear, if he wishes, with a defenceman of his choice.
    The officer's supervisor is notified of this summons.
    The officer has the right to obtain the full communication of his individual file and all related documents.
    He may cite witnesses and present his written or verbal observations.
    The right to cite witnesses also belongs to the general manager of the institution.
    The Joint Advisory Committee has before it a report prepared by the Director General clearly stating the facts and, where appropriate, the circumstances under which they were committed. The report mentions the officer's supervisor's opinion.

    Rule 31 Learn more about this article...


    When a sanction is pronounced by the Director General, it is notified to the individual by registered letter with acknowledgement of receipt.

    Rule 32 Learn more about this article...


    All facilities must be provided by the Director General to all members of the parity advisory board to enable them to fulfil their responsibilities. In addition, communication must be given to them of all necessary documents and documents to carry out their mission, eight days before the date of the session.
    A leave of absence is granted to staff representatives to allow them to attend the meetings of this commission on a simple presentation of their convocation. The duration of this authorization shall be calculated taking into account the time limits, the expected duration of the meeting, and increased by a time equal to that time in order to ensure the preparation and reporting of the work of the Commission, within two days. Members of the parity advisory board are subject to the obligation of professional discretion with respect to all facts and documents they are aware of in this capacity.

    Rule 33 Learn more about this article...


    Members of the parity advisory board shall not receive compensation for the performance of these duties.
    However, they are compensated for their travel and residence expenses under the conditions set out in the decree setting out the conditions and conditions for the payment of expenses incurred by the movement of civilian personnel on the metropolitan territory of France when they are responsible for the budgets of the State, national administrative public institutions and certain subsidized bodies.

    Rule 34 Learn more about this article...


    Director General of Public Establishment of the Dorée Gate - The National City of Immigration History is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, December 21, 2007.


Minister of Culture

and communication,

For the Minister and by delegation:

The Chief of Staff

and Social Affairs,

O. Christmas

The Minister of Immigration,

integration, national identity

and co-development,

For the Minister and by delegation:

The Director of Population

and Migration,

P. Butor

Minister of National Education,

For the Minister and by delegation:

Director General

education,

J.-L. Nembrini

Minister of Higher Education

and research,

For the Minister and by delegation:

By preventing the Director General

research and innovation:

Assistant to the Director General,

J.-R. Cytermann


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